It is important to fight against terrorism, but the way the European Union is doing it is ineffective and breaches our most important values as well, such as freedom of speech. They want to force platforms to use upload filters to decide what is terrorist content and what is a funny cartoon.

If you disagree with this proposal, please send the following template letter through our engine (See 'SEND E-MAIL button) to the EU Trilogue delegation members now. They will decide about the law around the end of November.

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Dear EU Legislator,

I am writing to you to present my views on the Terrorist Content Online Regulation (TCO).

As an EU citizen, I naturally want a world without terrorism and its views. I strongly believe that terrorist content on online platforms should be condemned.

However, upload filters and the measures envisaged in Article X are very problematic for several reasons. They are not effective and also violate freedom of expression set out in the Charter of Fundamental Rights.

My main points of criticism are the following:

1. Mandatory automated filters are not legal under EU law. Mandatory upload filters compromise freedom of expression, freedom to access information and personal data protection.
2. Active monitoring of users’ content contradicts EU law, such as the GDPR and CJEU decisions.
3. Automations are contextual blind and easily prevent uploading lawful content as well. This especially threatens legitimate journalistic coverage, art and science online that might be banned by the filters.
4. The problem of terror will never be solved by content regulation. It only gives us false hope.
5. The one-hour time frame is too tight for small platforms and EU start-ups. We should require them ‘acting without undue delay’.

I do not want the next generation to grow up in a world of terror, but even less do I want us to have to live in a world where such nonsensical laws and rules hinder or censor the economy, free speech, the press and research.

I therefore call on you to uphold the very fundamental rights that are being threatened by terrorists. By accepting the current proposal, freedom of expression and opinion are severely endangered. Even the UN has recently warned against adopting the regulation in its current form due to its adverse effects on fundamental rights [1]. Do not let the terrorists win by conceding to this limitation of our fundamental rights.

I therefore ask you to do the following:

1. Narrow the definition of terrorist content,strictly define material that is unlawful and make sure that legal content is not being censored.
2. Suggest that internet hosting providers should be able to choose measures to implement to avoid access to terrorist content online.
3. Call on the participants of the Trilogue to require that removal orders must only be issued by independent courts or administrative authorities.
4. Instead of the strict one-hour time frame, we suggest using the standard of ‘acting without undue delay’. This solution would support the initial idea: namely, big companies could act within an hour, while smaller companies should act as soon as they can.

Sincerely yours,

References:

[1] Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, 03 November 2020, available at:

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25661

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More background

• Upload Filters Are Back, and We Are Still Strongly Against Them
• Liberties - Access Now Open Letter

#terreg